[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR4.1]

[Page 47-48]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents
 
           Subpart A--General; Office of Hearings and Appeals
 
Sec. 4.1  Scope of authority; applicable regulations.


    The Office of Hearings and Appeals, headed by a Director, is an 
authorized representative of the Secretary for the purpose of hearing, 
considering and determining, as fully and finally as might the 
Secretary, matters within the jurisdiction of the Department involving 
hearings, and appeals and other review functions of the Secretary. 
Principal components of the Office include:
    (a) A Hearings Division comprised of administrative law judges who 
are authorized to conduct hearings in cases required by law to be 
conducted pursuant to 5 U.S.C. 554, and hearings in other cases arising 
under statutes and regulations of the Department, including rule making 
hearings, and
    (b) Appeals Boards, shown below, with administrative jurisdiction 
and special procedural rules as indicated. General rules applicable to 
all types of proceedings are set forth in subpart B of this part. 
Therefore, for information as to applicable rules, reference should be 
made to the special rules in the subpart relating to the particular type 
of proceeding, as indicated, and to the general rules in subpart B of 
this part. Wherever there is any conflict between one of the general 
rules in subpart B of this part and a special rule in another subpart 
applicable to a particular type of proceeding, the special rule will 
govern. Reference should be made also to the governing laws, substantive 
regulations and policies of the Department relating to the proceeding. 
In addition, reference should be made to part 1 of this subtitle which 
regulates practice before the Department of the Interior.
    (1) Board of Contract Appeals. The Board considers and decides 
finally for the Department appeals to the head of the Department from 
findings of fact or decisions by contracting officers of any bureau or 
office of the Department, wherever situated, or any field installation 
thereof, and orders and conducts hearings as necessary. Special 
regulations applicable to proceedings before the Board are contained in 
subpart C of this part.
    (2) Board of Indian Appeals. The Board decides finally for the 
Department appeals to the head of the Department pertaining to:
    (i) Administrative actions of officials of the Bureau of Indian 
Affairs, issued under 25 CFR chapter I, except as limited in 25 CFR 
chapter I or Sec. 4.330 of this part, and

[[Page 48]]

    (ii) Orders and decisions of Administrative Law Judges in Indian 
probate matters other than those involving estates of the Five Civilized 
Tribes of Indians. The Board also decides such other matters pertaining 
to Indians as are referred to it by the Secretary, the Director of the 
Office of Hearings and Appeals, or the Assistant Secretary-Indian 
Affairs for exercise of review authority of the Secretary. Special 
regulations applicable to proceedings before the Board are contained in 
subpart D of this part.
    (3) Board of Land Appeals. The Board decides finally for the 
Department appeals to the head of the Department from decisions rendered 
by Departmental officials relating to: (i) The use and disposition of 
public lands and their resources, including land selections arising 
under the Alaska Native Claims Settlement Act, as amended; (ii) the use 
and disposition of mineral resources in certain acquired lands of the 
United States and in the submerged lands of the Outer Continental Shelf; 
and (iii) the conduct of surface coal mining under the Surface Mining 
Control and Reclamation Act of 1977. Special procedures for hearings, 
appeals and contests in public land cases are contained in subpart E of 
this part; special procedures for hearings and appeals under the Surface 
Mining Control and Reclamation Act of 1977 are contained in subpart L of 
this part.
    (4) Ad Hoc Board of Appeals. Appeals to the head of the Department 
which do not lie within the appellate review jursidiction of an 
established Appeals Board and which are not specifically excepted in the 
general delegation of authority to the Director may be considered and 
ruled upon by the Director or by Ad Hoc Boards of Appeals appointed by 
the Director to consider the particular appeals and to issue decisions 
thereon, deciding finally for the Department all questions of fact and 
law necessary for the complete adjudication of the issues. Jurisdiction 
of the Boards would include, but not be limited to, the appellate and 
review authority of the Secretary referred to in parts 13, 21, and 230 
of this title, and in 36 CFR parts 8 and 20. Special regulations 
applicable to proceedings in such cases are contained in subpart G of 
this part.

(Sec. 525, Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 
1275, and sec. 301, Administrative Procedure Act, 5 U.S.C. 301)

[36 FR 7186, Apr. 15, 1971, as amended at 40 FR 33172, Aug. 6, 1975; 47 
FR 26392, June 18, 1982; 49 FR 7565, Mar. 1, 1984; 54 FR 6485, Feb. 10, 
1989; 61 FR 47434, Sept. 9, 1996; 61 FR 49976, Sept. 24, 1996]